Page 92 - Law and the Media

Copyright
Giving a tune a new arrangement is also an infringement of copyright in the original work.
Translating a program from one computer to another is an infringement of copyright.

Sale, hire and importation
Commercial misuse of copyright work is prevented by making the sale, hire or importation
of copyright works an infringement of copyright.

3.5 Defences

The law provides various defences to infringement of copyright, the most important of which
is ‘fair dealing’.

3.5.1 Fair dealing

The defence of fair dealing acknowledges the wider interest of freedom of speech by
allowing considerable latitude in the use of copyright material for certain worthy purposes.
The CDPA limits these purposes to news reporting, criticism and review, and research and
private study (Pro Sieben Media AG v Carlton UK Television Ltd (1999)).

News reporting
With the exception of photographs, use may be made of any sort of copyright work providing
it is for the purpose of reporting current events. In the cases of newspapers, magazines and
any other sort of print media the reproduction must be accompanied by a ‘sufficient
acknowledgement’, in other words the proper identification of the original work by name and
author. However, this requirement does not apply where the reporting of current affairs is by
means of television, radio, satellite or cable broadcasting.

Criticism and review
Any sort of copyright work, including photographs, may be copied without liability
providing the reproduction is made for the purposes of criticism and review. A sufficient
acknowledgement of the original work and its authorship must be given in every case, in
other words whether the copying is through the medium of print, radio or television.

Research and private study
Use of copyright works for the purposes of research and private study is permissible. There
is no requirement for sufficient acknowledgement.

Identifying fair dealing
There is no definition of what is meant by fair dealing. Each case will depend on what is
taken and the reasons for which it was taken. In Associated Newspapers Group Plc v News
Group Newspapers Ltd (1986) the claimant obtained, for a limited period, the exclusive
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